FAMILY VALUES
Importance of the Family as an Institution
The importance of the FAMILY as the smallest social institution is vivified by the fact that the same is
given emphasis under the 1987 PHILIPPINE CONSTITUTION with ARTICLE XV thereof devoted for
the family. This is so because the state recognizes the Filipino family as the foundation of the nation.
Accordingly it shall strengthen its solidarity and actively promote its total development (Sec.1 Art. XV
1987 Phil. Constitution)
Constitutional Provisions about the Family
1. MARRIAGE as an inviolable social institution is the foundation of the family and shall be protected
by the state (Sec.2 Art. XV 1987 Phil., Const.).
Constitutional Provisions about the Family
2. The state shall defend the following:
a. The right of the spouses to find a family in accordance with their religious convictions and the
demands of responsible parenthood;
b. The rights of children to assistance, including proper care and nutrition, and special protection
from all form of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development;
C. The right of the family to a family living wage, and income
d. The right of families or family associations to participate in the planning and implementation of
policies and programs that affect them (Sec.3 Art. XV 1987 Phil. Constitution).
e. The family has the duty to care for its elderly members but the state may also do so through just
programs of social security (Sec. 4 Art XV 1987 Phil. Constitution).
SANCTITY OF FAMILY LIFE
The state recognizes the sanctity of family life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life of the mother and the life of the unborn
from Conception. The natural and primary rights and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the support of the Government
(Sec. 12 Art. 11, 1987 Phil. Constitution).
CONSTITUTIONAL PROVISIONS ON PERSONAL VALUES
The state values the dignity of every human person and guarantees full respect for human rights
(Sec.11 Art. 11, 1987 Phil. Constitution).
Family as an Institution
The FAMILY being the foundation of the nation is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice
or agreement destructive of the family shall be recognized or given effect (Art. 149, Family Code,
EO No. 209).
Family Relations
Family relations include those:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants whether of the full or half blood
(Art. 150, EO 209)
Suit between Members of the Family
No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts towards a compromise have been made, but that
the same have failed.
If it is shown that no efforts were in fact made to this effect, the case must be dismissed. This rule
however, shall not apply to cases which may not be the subject of compromise under the Civil Code
(Art. 151, Family Code).
Cases where no Compromise is allowed
No compromise upon the following questions shall be valid:
1. The civil status of persons
2. The validity of a marriage or a legal separation
3. Future support
4. The jurisdiction of Courts
5. Future legatime (Art. 2035, Civil Code)
SUPPORT
Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation in keeping with the financial capacity of the family.
The education of the persons entitled to "be supported referred to in the preceding paragraph shall
include his schooling or training tor some professional, trade or vocation, even beyond the age of
majority. TRANSPORTATION shall include expenses in going to and from school, or to and from
place of work (ART.194, CIVIL CODE OF THE PHIL.-RA 386).
Persons obliged to Support
The following are obliged to support each other:
1. Spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children and the legitimate and illegitimate children of the latter;
and,
4. Legitimate brothers and sisters, whether of the full or half blood (ART.195, FAMILY CODE,
EO 20 FAMILY VALUES
Order of Persons Obliged to Give Support
Whenever two or more persons are obliged to give support, the liability shall devolve
upon the following in the order herein provided:
a. The Spouse
b. The descendants in the nearest degree
c. The brothers and sisters (Art. 199, Family Code)
When Two or More are Required to Give Support
If when the obligation to give support falls upon two or more persons, the payment of the same shall
be divided between them in proportion to the resources of each.
However, in case of urgent need and by special circumstarnces, the Judge may order only one of
them to furnish the support provisionally, without prejudice to his right to claim from the other obligors
the share due from them (Art. 200, Family Code, EO 209).
Alternative for Support
The person obliged to give support shall have the option to fulfill the obligation either by paying the
allowance fixed, or by receiving and maintaining in the tamily dwelling the person who has a right
to receive support. The latter alternative cannot be availed of in case there is a moral or legal
obstacle thereto (Art. 204, Family Code, EO 209).
Obligation to Give Support shall be Demandable
The obligation to give support shall be demandable from the time the person who has the right to
receive the same, needs it for maintenance, but it shall not be paid except from the date of judicial
or extra judicial demand.
Support pedente lite may be claimed in accordance with the Rules of Court, Payment shall be
made within the first five (5) days of each correspondingmonth. When the recipient dies, his
heirs shall be obliged to return what has been received in advanced (Art. 203 Family Code).
Support shall not be levied
The right to receive support under this title as well as any money or property obtained as
such support shall not be levied upon on attachment or execution (Art. 205, Family Code).
Right for Reimbursement
When the person obliged to support another unjustly refuses or fails to give support when urgently
needed by the latter, any third person may furnish support to the needy individual, with the
right of reimbursement from the person obliged to give support (Art. 207, Family Code).
Moreover, when without the knowledge of the person obliged to give support, it is given by a
stranger, the latter shall have a right to claim the same from the former, unless it appears that he
gave it without any intention of being reimbursed (Art. 206, Family Code).
Contractual Support
In case of contractual support or that given by will, the excess in amount beyond that required for
legal support shall be subject to levy or attachment or execution.
Furthermore, contractual support shall be subject to adjustments whenever modification is
necessary due to changes in circumstances manifesting beyond the contemplation of the parties
(Art. 208, Family Code).
Family values (continuation)
Parental authority
Responsibilities of Parents
Pursuant to the natural rights and duty of parents over the persons and property of their un-
emancipated children, parental authority and responsibility shall include the caring for and
rearing of such children for civic consciousness and efficiency and the development of their
moral, mental and physical character and well-being (ART. 209, FAMILY CODE).
NON-TRANSFERABILITY OF PARENTAL AUTHORITY
Parental authority and responsibility may not be transferred or renounced except in cases
authorized by law (Art. 210, Family Code).
Joint Obligation of Parents
The father and the mother shall jointly exercise parental authority over the persons of their common
children. In case of disagreement, the father’s decision shall prevail unless there 15 a judicial order
to the contrary. Children shall always observe reverence and respect towards their parents and are
obliged to obey them as long as the children are under parental authority (ART. 211, FAMILY
CODE).
NO MEMBERS OF THE FAMILY SHALL BE ALLOWED TO TESTIFY AGAINST ONE ANOTHER
No descendant shall be compelled, in a criminal case, to testify against his parents and grandparent,
except when such testimony is indispensable in a crime, against the descendants or by one parent
against the other (Art. 215, Family Code).
SUBSTITUTE PARENTAL AUTHORITY
In default of parents or a judicially appointed guardian, the following persons shall exercise
substitute parental authority over the child in the order indicated below:
1. The surviving grandparent;
2. The oldest brother or sister, over 21 years of age, unless unit or disqualified; and,
3. The child's actual custodian, over 21 years of age unless unfit or disqualified
Whenever the appointment of a judicial guardian over the property of
the child becomes necessary, the same order of preference shall be observed.
(Art. 216, Family Code).
SEPARATION OF PARENTS
In case of separation of the parents, parental authority shall be exercised by the parent
designated by the court. The court shall take into account all relevant considerations, especially
the choice of the child over seven years of age, unless the parent chosen is unfit.
No child under seven (7) years of age shall be separated from the mother unless the court finds
compelling reasons to order otherwise (ART 213, FAMILY CODE).
FOUNDLINGS, ETC.
In case of foundlings, abandoned, neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of
children's homes, orphanages and similar institutions duly accredited by the proper government
agency (ART. 217, FAMILY CODE).
RIGHTS AND DUTIES OF PARENTS
The parents and those exercising parental authority shall have to their unemancipated children
or wards the following rights and duties:
1. To keep them in their company, to support, educate and instruct them by right precept and
good example, and to provide for their upbringing in keeping with their means;
2. To give them love and affection, advice and counsel, companionship and understanding
3. To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self
discipline, self-reliance, industry and thrift inculcate their interest in civic affairs, and inspire in
them compliance with the duties of citizenship;
4. To enhance, protect, preserve and maintain their physical and mental health at all times;
5. To furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
6. To represent them in all matters affecting their interests;
7. To demand from them respect and obedience;
8. To improve discipline on them as may be required under the Circumstances; and,
9. To perform such other duties as imposed by law upon parents and guardians (Art. 220, Family
Code).
Civil Liability
Parents and other persons exercising parental authority shall be civilly-liable for the injuries and
damages caused by the acts or omissions of their unemancipated children living in their
company and under their parental authority subject to the appropriate detenses provided by law
(Art. 221, Family Code).
DISCIPLINARY MEASURES
The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an order
providing for the plenary measures over the child. The child shall be entitled to the assistance of
counsel either of his choice or appointed by the Court, and a summary hearing shall be
conducted wherein the petitioner and the child shall be heard.
However, when in the same proceeding the court finds the petitioner at fault, irrespective of the
merits of the petition, or when the circumstances so warrant, the court may also order the
deprivation or suspension or parental authority or such other measures as it may deem just and
Proper (Art. 223 Family Code).
COMMITMENT OF THE CHILD IN CHILDREN'S HOMES
The measures referred to above may include the commitment of the child for not more than thirty (30)
days in entities or institution engaged in child care, or in children's home duly accredited by the proper
government agency.
The parent exercising parental authority shall not interfere with the care of the child whenever
committed but shall provide for his support.
Upon proper petition or at its own instance, the court may terminate the commitment of the child
whenever just and proper (Art. 224, Family Code).
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILD
The father and the mother shall, jointly exercise legal guardianship over the property of their
unemancipated common child without the necessity of the court appointment. In case of
disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
When the market value of the property or the annual income of the child exceeds Php 50,000.00,
the parent concerned shall be required to furnish a bond in such amount as the Court may
determine but not less than ten percentum (10%) of the value of the property or annual income,
to guarantee the pertormance of the obligations prescribed for general guardians.
Child's Income
The property of the unemancipated child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively
to the latter's support and education, unless the title or transfer provides otherwise.
The rights of the parents over the fruits and income of the child's property shall be limited
primarily to the child's support and secondarily to the collective daily needs of the family (Art.
226, Family Code).
